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8 The Right to a Fair Trial and Private International Law: Concluding Remarks

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Choice of law clauses — EU Rules — Traditional rules — Judgments and orders

This chapter analyses the impact of private international law rules on the right to a fair trial, and vice versa. There has been a very limited impact of private international law rules on the right to a fair trial. This is because the private international law regime has often accommodated the interests protected by the right to a fair trial. As a result, there has been a significant lack of cases regarding the operation of private international law rules and the right to a fair trial. Similarly, the impact of the right to a fair trial can be seen to have been distinctly inconsistent in terms of which rules of private international law have been affected and which State’s rules have been affected.

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